Our Property Dispute Resolution Team has been involved in a number of high-profile cases in this area. Highlights include:
- Acting for a landowner after a neighbour blocked the way across agricultural land, causing major difficulties in access. We successfully proved the existence of a prescriptive right of way through more than 20 years’ historic, undocumented usage of an all-purposes right of way
- Acting for three owners of agricultural land, successfully defending against a neighbour’s claim of a prescriptive right of way across their land. This right of way would have included rights to cross through their gardens with cars, horses and carts, with serious potential valuation consequences
- Acting for a residential owner, proving both a right of way and right to park as a result of long prescriptive use, thus maintaining both essential rights and the value of the premises
- Advising an owner of farm land on whether his right of way allowed him various rights of entry/exit points along the full length of a route, following his neighbour’s effort to impose one specific entry/exit point, potentially causing substantial interference with the usage of the land
- Advising a commercial unit owner on whether to grant temporary access permission to defeat a neighbour’s claim for a prescriptive right of way. The claim was resolved, thereby preserving the development potential of the land and avoiding neighbours’ attempts to prevent development by claiming to have undocumented rights of way